Encyclopedia of Espionage, Intelligence, and Security

INS (United States Immigration and Naturalization Service)

█ ADRIENNE WILMOTH LERNER

The United States Immigration and Naturalization Service (INS) was a
subsidiary of the Department of Justice. Immigration services are now part
of the new Department of Homeland Security. The agency was charged with
enforcing laws regulating the immigration of foreign-born individuals, the
admission of refugees into the United States, and the naturalization of
qualified foreigners wishing to become U.S. citizens. The INS granted
tourist, student, and extended stay visas for foreign citizens wishing to
visit the United States. Now restructured into the Department of Homeland
Security, immigration services are essential in the enforcement of
antiterrorism laws and the promotion of national security.

The first federal immigration agency in the United States was established
in 1864. At that time, the office was directed to encourage immigration to
the United States. Over time, the office evolved as immigration policy
changed. By 1890, the government abandoned the "open door
policy" and adopted laws restricting the flow of immigrants into
the country. The first laws prohibited the entry of people convicted of
serious crimes, suffering from contagious diseases, polygamists, and
severely mentally ill persons. Later legislation barred immigrants from
certain nations and established quotas for immigrants from various regions
or countries. As social and political policy changed, so too did the
federal immigration agency.

The modern Immigration and Naturalization Service was established in 1933
by Executive Order 6166. The order combined existing separate agencies of
immigration and naturalization services. The INS was then part of the
Department of Labor. In 1940, the organization was restructured under the
President's Reorganization Plan Number V. With the advent of World
War II, immigration shifted from being an economic to a security issue.
Accordingly, the INS was moved under control of the Department of Justice.
The move gave INS more power to adjudicate cases in violation of
immigration laws. Furthermore, the INS managed the U.S. border patrol.
Border patrol agents
apprehended illegal immigrants and regulated the entry of people into the
United States from border crossings and other ports-of-entry.

After the September 11, 2001, attacks on the United States, the INS took a
lead role in the strengthening of national security and antiterrorism
policy. The agency enacted new guidelines for the issuance of visas,
making the general criteria for prolonged entry into the U.S. more
stringent. Efforts to satisfy 1996 legislation that mandated the creation
of tracking systems to monitor entries and exits from land points of entry
have been increased. The controversial Coordinating Interagency
Partnership Regulating International Students (CIPRIS), a database that
tracks student visa holders, remains largely opposed by the university
community, but gained the support of the government as a key means of
controlling access to sensitive technology and information.

The INS also gained increased powers of detention and questioning of
illegal aliens and visa holders suspected of being connected to terrorist
organizations. The period of detention without formal charges was
augmented from 24 hours to any reasonable length of time necessary to
gather information regarding the case. Mobilization Against Terrorism Act
(MATA) granted the INS the power to remove, deport, or prosecute foreign
nationals connected to terrorist groups, or who harbor persons connected
to such organizations. MATA further applied to foreign nationals granted
permanent resident status. Permanent residents also could be detained or
deported if certified to be connected with a terrorist group.

Despite these changes to INS operations, the agency was radically
restructured under the Homeland Security Act. Former INS duties of border
security and immigration services were separated and tasked to separate
operational departments under the Department of Homeland Security. The
Bureau of Citizenship and Immigration Services (CIS) administers the
citizenship program and the granting of visas. Border security is now
tasked to the Directorate of Border and Transportation Security (BTS).
Screening measures of persons wishing to enter the United States have
become more rigorous, as has the enforcement of immigration laws, since
the CIS and BTS assumed the powers of the former INS.

U.S. immigration policy is currently based on a preference system that
favors skilled workers, professionals, and prospective immigrants from
underrepresented nations. Accordingly, one of the main tasks of CIS is to
manage the visa selection process efficiently. Refugees fleeing from war
or political oppression are handled separately, in conjunction with United
Nations and the U.S. Department of Health and Human Services.

The various operational departments of the Department of Homeland Security
are also responsible for the apprehension, adjudication, and deportation
of criminal aliens. These can be foreign nationals wanted for crimes in
their home countries or who have been convicted of a crime in the United
States. In addition, foreign nationals who remain in the United States
after their visas expire are considered criminal or illegal aliens,
depending on the circumstances of their activities in the U.S. In 2001,
immigration services removed nearly 180,000 criminal and illegal aliens,
most of whom were apprehended on visa-related violations.